Empirical Research

Empirical Research Dr. S.K.

Bose

INTRODUCTION: Empirical research primarily based upon observations and information

gained through experience. The purpose of such research is to establish effective collaboration
like social sciences; legal research may also be based upon observable experience or empirical
evidence. This type of research requires systematic collection of existing information from
society, institution, public group , association or individual so as to enable the researcher to find
out the lacuna or deficiencies in the existing law and problems associated with its enforcement
and effective implementation. The primary concern of the researcher in an empirical is to trace
effect that has already been produced by its possible cause.
DEFINITION: According to Victor D’Souza, empirical research is an integral part of scientific

method when combines reasoning with observation and discovery with justification for the
acquisition of scientific knowledge.
IMPORTANCE OF EMPIRICAL RESEARCH
With the increasing functional role of law in the society, empirical research in law has been
found to be more purposeful for meaning for reshaping or amending law to suit the needs of
society. For instance, despite there being stringent penal laws to prevent violence against women
and children, child labour, dowry, prenatal sex determination etc. these social evils still continue
unabated in the society. Therefore, the Supreme Court through its judicial pronouncements in a
number of cases directed the appointment of expert committees or Commissions to undertake an
empirical survey and submit the report to the Court within a specified time. Thereupon, the
commutes/Commissions submitted their report after an empirical study of the problem, pointing
out lacunae or deficiencies in the existing law, the reasons for its ineffective implementation and
factors for laws delay with concrete suggestion to wipe out these evils from the society. Their
findings are based on systematic observation and analysis of issue in hand after a considerable
field-work and therefore, it may be attributed as a part of programmatic empirical legal research.
UTILITY OF EMPIRICAL RESEARCH IN LAW
With the expanding dimensions of law as an instrument of social change, empirical method is
being extensively used for conducting legal research. This method has been found very useful in
law-related subjects like child labour bonded labour abolition, prevention of prostitution and
illegal trafficking of women, children, human organ drug trafficking, dowry deaths etc. because
they require substantial field work for collection of data to prove the hypothesis.
The empirical research method has been used by legal researchers for a variety of purposes.
Some of them are as follows:-
(1). To pint out the deficiencies inherent in particular law or statute and suggest amendments
therein.
(2). To draw attention of concerned authorities/agencies towards non-implementation or non-

enforcements of a certain law.
(3). To highlight the dichotomies or ambiguities in certain laws which render their
implementation different.
(4). For the analysis of certain legislative or administrative decisions and judicial
pronouncements which affect people in general.
(5). To point out the factors which are responsible for law’s delay and miscarriage of justice, if
any.
(6). To suggest changes, modification of laws in a view of the rapid changes in societal norms
and moral values.
CONCLUSION
Empirical method is specially suited to inter-disciplinary research studies involving law and
allied disciplines, particularly socio legal researcher.
Emphasizing the need to provide impetus to empirical research in the field of law, Karl Pearson
observed that there is no shortcut way to gain knowledge of the universe except through the
gateway of scientific method of research, whether it pertains to law or any other discipline. It is a
continuous process and not a static phenomenon, nor does its technique constitute a closed
category. The techniques of research are bound to undergo a change with changing social
realities. This explains why there is a shift from analytical to empirical research and this change
is evident in all social sciences and studies in law cannot afford to ignore it, if it is to keep pace
with social change. Person lamented that unfortunately the empirical method is not receiving the
attention it deserves in the field of law, probably because of the misconception that it exclusively
pertains to social science researches.

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Empirical Research Dr. S.K.

INTRODUCTION: Empirical research primarily based upon observations and information

DEFINITION: According to Victor D’Souza, empirical research is an integral part of scientific

IMPORTANCE OF EMPIRICAL RESEARCH

UTILITY OF EMPIRICAL RESEARCH IN LAW

(2). To draw attention of concerned authorities/agencies towards non-implementation or non-

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